Filing Married Joint for my taxes, will ITIN affect her petition?

[zha&joe 0]

Hi everyone. I'm pretty much done with my taxes this year and I was going to file Married filing separately since our petition is still pending approval. I'm using TurboTax btw. However, doing so, I would owe a lot on my taxes. Now, I switched my filing status to Married filing jointly and I'm going to get a refund instead it seems. Now, this would mean I need to get an ITIN for my wife. She's not working right now and is studying part time. Would getting an ITIN for her affect our visa petition in anyway? Also for those who had filed before, how long does it take to get an ITIN? Thanks

[Saylin 1,605]

Hi everyone. I'm pretty much done with my taxes this year and I was going to file Married filing separately since our petition is still pending approval. I'm using TurboTax btw. However, doing so, I would owe a lot on my taxes. Now, I switched my filing status to Married filing jointly and I'm going to get a refund instead it seems. Now, this would mean I need to get an ITIN for my wife. She's not working right now and is studying part time. Would getting an ITIN for her affect our visa petition in anyway? Also for those who had filed before, how long does it take to get an ITIN? Thanks

Nope, getting an ITIN wouldn't affect the visa process at all. But doing taxes as Married Filing Jointly will be good proof of relationship evidence (compared to filing as single ).

For us, when we filed for an ITIN last year, my husband mailed off the tax package around the second week of March. It was processed and he received his refund around the third week of April, so just around a month, in our case.

[zha&joe 0]

Thanks for the info What do we need, aside from the W7 form, to apply for an ITIN?

[zha&joe 0]

Also, I was looking at the W7 application and it looks like she needs to sign it and we need to provide proof of her ID and residence outside the US. Does she absolutely need to sign it? Can I sign it on her behalf? There isn't much time to send docs back and forth with April 15 looming over the horizon and I'd want to avoid having to file an extension if I can.

[July15 4]

I read somewhere that if you are due a refund you don't need an extension only if you owe taxes, but I'm not sure is better to call the IRS or go to your local IRS office. You can complete the form, email it to her to sign and then she can mail it back to you along with her ID or Driver License and Birth Certificate, since they need to be notarized by a notary from the US or have her get them notarized in her country and they need to be apostille -well you can read this in the instructions (I just find it easier to get them notarized in US).

I sent my Tax Return and ITIN on March 5th, got the ITIN number March 26th, and according to the IRS -where's my refund, I should be getting it by MAY 1st, (this is a long wait, I wonder why)

[Darnell 8,478]

married filing jointly is great fodder for the bonafide marriage evidence that yer submitting with the I-130.

[Saylin 1,605]

Thanks for the info What do we need, aside from the W7 form, to apply for an ITIN?

You need to send in proof of her identity and such. Read the W7 instructions, it says what is needed.

Also, I was looking at the W7 application and it looks like she needs to sign it and we need to provide proof of her ID and residence outside the US. Does she absolutely need to sign it? Can I sign it on her behalf? There isn't much time to send docs back and forth with April 15 looming over the horizon and I'd want to avoid having to file an extension if I can.

It has to be her signature. You can't sign anything for another person unless they're a minor. Email her the necessary forms, have her sign it and then mail it. As for the deadline, all I can say is you really shouldn't have waited until the last second. You can always file for an extension if necessary.

[jubalIrah 4]

Hi everyone. I'm pretty much done with my taxes this year and I was going to file Married filing separately since our petition is still pending approval. I'm using TurboTax btw. However, doing so, I would owe a lot on my taxes. Now, I switched my filing status to Married filing jointly and I'm going to get a refund instead it seems. Now, this would mean I need to get an ITIN for my wife. She's not working right now and is studying part time. Would getting an ITIN for her affect our visa petition in anyway? Also for those who had filed before, how long does it take to get an ITIN? Thanks

[jubalIrah 4]

The IRS now allows the w-7 form to be attached to the filing of your tax return, so you dont need to wait for the ITIN to come in. In fact i think that is the preferred method. Download the w-7 instrutions and read the section regarding attaching the w-7 and where to send your tax return. Also with w-7, you may need to file 2555 form and you cannot efile the return.

I am in the same process of doing this for my tax return.

Good luck.

[alizon 77]

I sent my Tax Return and ITIN on March 5th, got the ITIN number March 26th, and according to the IRS -where's my refund, I should be getting it by MAY 1st, (this is a long wait, I wonder why)

We were on almost exactly the same schedule as you for the ITIN, and "where's my refund" also said May 1st for me last week. Try checking again this week because I checked today, and it now says I should have my refund in my account tomorrow.

The IRS now allows the w-7 form to be attached to the filing of your tax return, so you dont need to wait for the ITIN to come in. In fact i think that is the preferred method.

Not just the preferred method; it is the ONLY method. Paper versions of 1040 and W7 mailed together to Austin, TX.

Edited April 3, 2012 by alizon

[Darnell 8,478]

The IRS now allows the w-7 form to be attached to the filing of your tax return, so you dont need to wait for the ITIN to come in. In fact i think that is the preferred method. Download the w-7 instrutions and read the section regarding attaching the w-7 and where to send your tax return. Also with w-7, you may need to file 2555 form and you cannot efile the return.

I am in the same process of doing this for my tax return.

Good luck.

wow - such language !

'now allows'

'wait for the itin'

aiyo.

In fact, the ONLY way to get an ITIN is TO FILE A TAX RETURN. (well, for those with foreign spouses. other foreign entities can still get them, but there's a lot of income involved)

Cannot apply seperately for an ITIN anymore, alas.

You can compare the instructions on the last 3 versions, and catch that.

Good Luck !

[zha&joe 0]

Thanks for everyone's response. As for the W7, does it have to be an original copy with her original signature or can we use a scanned copy sent via email?

[Saylin 1,605]

Thanks for everyone's response. As for the W7, does it have to be an original copy with her original signature or can we use a scanned copy sent via email?

Original form, original signature.

[July15 4]

We were on almost exactly the same schedule as you for the ITIN, and "where's my refund" also said May 1st for me last week. Try checking again this week because I checked today, and it now says I should have my refund in my account tomorrow.

Yeeey! I just checked and it says April 6. Thanks.